Gainesville Police Department officers responded to a traffic crash where the driver had exited a shopping complex and damaged the front of his car while making a turn and striking a curb. Officers found the driver seated on the sidewalk with his head between his legs, smelling of alcohol, and having difficulty keeping his eyes open. Following the accident investigation, officers informed the driver that they were beginning a DUI investigation. The driver moved his head during the HGN test and did not complete any additional field sobriety exercises. He also admitted to being “a little drunk.” He was arrested for DUI and agreed to provide breath samples. He blew .176g/210L and .175g/210L.
The State Attorney offered a plea deal wherein the driver would receive a lesser sentence of DUI above .08g/210L but below .15g/210L. However, attorneys at Meldon Law successfully petitioned on the driver’s behalf and the driver was admitted into the Deferred Prosecution program. He completed all requirements of the program and his charges were reduced to Reckless Driving with Alcohol.